GENERAL STATUTES

OF MINNESOTA 1913

PUBLISHED UNDER THE AUTHORITY OF THE LEGISLATURE BY VIRTUE OF AN ACT APPROVED APRIL 20, 1911 (LAWS 19,11, CH.299)

COMPILED AND EDITED BY FRANCIS B. TIFFANY

ST. PAUL WEST PUBLISHING CO. 0 1913

MINNESOTA STATUTES 1913

1890 EIGHTS OF ACCUSED § 8515

8515. Acquittal on part of charge—Whenever any person indicted for fel­ ony is acquitted by verdict of part of the offence charged and convicted pn the residue, such verdict may be received and recorded by the court, and thereupon he shall be adjudged guilty of the offence, if any, which appears to be substantially charged by the residue of the indictment, and sentenced ac­ cordingly. (4791)- 8516. Acquittal—When a bar—Whenever a defendant shall be acquitted or convicted upon an indictment for a crime consisting of different degrees, he cannot thereafter be indicted or tried for the same crime in any other de­ gree, nor for an to commit the crime so charged, or any degree there­ of. (4792) See note to Const, art. 1 § 7.

CHAPTER 95 CRIMES AGAINST THE SOVEREIGNTY OF THE STATE 8517. —Every person who shall commit treason against the state shall be punished by imprisonment in the state prison for life. (4793) Petit treason does not exist in this state (3-246, 169). 8518. of treason—Every person having knowledge of the com­ mission of treason, who conceals the same, and does not, as soon as may be, disclose.such treason to the governor or a judge of the supreme or a district court, shall be guilty of misprision of treason, and punished by a fine not ex­ ceeding one thousand dollars, or by imprisonment in the state prison not ex­ ceeding five years, or in a common jail not exceeding two years. (4794) 8519. Levying war—To constitute levying war against the state, an actual act of war must be committed. To conspire to levy war is not enough. Where persons rise in insurrection, with intent to prevent, in general, by force and , the execution of a statute of the state, or to force its repeal, they shall be guilty of levying war. But an endeavor, although by numbers and force of arms, to resist the execution of a law in a single in­ stance and for a private purpose, is not levying war. (4795) 8520. Wilful neglect of official duty—Whenever any duty is enjoined by law upon any public officer or person holding public trust or employment, every wilful neglect to perform such duty, and every , for the punishment of which no special provision has been made, shall be a gross , and punished by fine and imprisonment. (4796) 8521. Acting in public office without having qualified—Every person who performs any of the functions of a public office without having executed and duly filed the required security shall be guilty of a gross misdemeanor, and, in addition to the punishment prescribed therefor, he shall forfeit his right to the office. (4797)

CHAPTER 96 CRIMES AGAINST PUBLIC JUSTICE

BRIBERY AND CORRUPTION 8522. Definitions—The following words and terms, as used in this chap­ ter, shall be construed as follows: The word "juror" shall include a talesman, and extend to jurors in all courts, whether of record or not, in special pro­ ceedings, and before any officer authorized to impanel a jury in any case or proceeding; the word "prison" shall mean any place designated by law for the keeping of persons held in custody under process of law or under lawful arrest;^ the word "prisoner," any person held in custody under process of law or under lawful arrest; the term "subornation of " shall mean the wil­ ful procuring or inducing another to commit perjury; the term "common